Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-12-10
SUPPRESSION OF VICE.
THE WAR UPON OBSCENE PIC
TURES CALLED "ART.o
Letter from Anthony Comstock Con-
corning what is Obscene and
what Legitimate Nude in Art.
SOCIETY FOR SUPPRESSION OF VICE, J
$50 NASSAU STREET,
N1,,, XopU Denenaber | 1887 |

Der Oh the ia OF November All arllcle
entitled "Comstock's Mistake" For the
kind and fair manner in which you
discuss this subject l desire to thank
YOU. At the same time, in the spirit of
fairness, | would like to correct some of the
mistakes which you seem TO have fallen
into in reference to the matter which you
discuss.
You say; The pictures are of the nude
in art, and as such offend Mr.. Comstock's
sense of propriety."
Permit me to say that the pictures are
not the nude in art, but are strictly lewd
and indecent photographs purporting to be
taken from French works of art. In
art there is what may be called decent and
indecent, Just the same as there is in prose
and poetry and when art is employed to
convey an obscene and indecent thought
or suggestion, it is Just as destructive of the
morals of the young, as when prose or
poetry is prostituted for such base pur-
poses That these pictures do "ofiend my
sense of propriety," is true; and | beg to
state that they would offend your sense of
propriety, Messrs. Editors, were you to see
them. From the spirit Of your criticism,
i am very clear that there would be no one
more pronounced against these very pic
lures than you would be, were you to find
them circulating indiscriminately among
the young.
In this case there are one or two facts
which desire to present to your readers,
and let them judge whether | have made
a mistake or not.
In the first place, in 1884, certain pic
lures which are now the subject of COM
plant, were passed upon by a jury in the
Over and Terminer Court in this city, and
were pronounced to be obscene. This case
is now known as the celebrated case of
People VS.. August Mueller, and is reported
in 80 Hun, where it was carried to the
general term of the Supreme Court. The
photographs were produced upon this ap-
peal before the general term, and were eX-
amined by the Judges, after which they
say;
in 4 variety of attitudes and postures which
the Jury might very well and naturally
determine to be both indecent and obscene
in their character-ordinarily they would
be so pronounced, although they would not
exert the same demorallZing and sensual
effects upon all persons alike. Their judg
ment would be the same, that these photo
graphs and pictures would tend to promote
vicious and sensual misconduct and prove
injurious to the morals of the community,
especially to those whose judgment and
experience were not sufficient to control
the impulses of their passion"
In the same case this high Court, in
speaking of the law, declares:
THE object of the law was to protect
public morals, especially of that class of
the community whose character is not so
completely formed as to be proof against
the lewd effects of the pictures, photo
graphs and publications prohibited. And
where it may be violated that violation
would in no sense be relieved by proof
that similar acts were tolerated by the
public authorities of other States or coun-
tries"
The judgment of the lower Court was
affirmed, and The case was carried to our
Court of Appeals. This highest Court in
the State, by a unanimous decision, af-
tirmed the judgment of the lower Courts,
and in speaking of these pictures say:
"The facts that the original pictures of
which the photographs were copies had
been exhibited in the Salon in Paris was
admitted by the prosecution, and it was
proved that one of them had been publicly
exhibited in Philadelphia But this did
not as a matter of law exclude finding
by the jury that the photographs were OBJ
scene and indecent. 1t is not impossible
certainly that the public exhibition of in
decent pictures may have been permitted
in Paris or Philadelphia, and the fact that
a picture had been publicly exhibited
would not necessarily determine Its char
acter as decent or indecent"
Secondly-Some fifteen or twenty other
persons have been convicted in the Courts
of this city since 1884, for selling the same
kind of pictures, and their stock has been
seized and destroyed Many of these par
ties complained because this society did
not arrest the principal men, who import
ed and furnished these pictures to the trade
A copy of the law had been previously
served upon this firm, and an appeal made
to them to discontinue the importation
and sale of this class of pictures. That
appeal was treated with derision. The
importation and sale continued. At last
quantity of these pictures We're obtained
and submitted TO the Executive Commit
tee of this society. From the Executive
Committee they were taken and submitted
to the District Attorney, who is the public
prosecutor for this county. Indeed, he is
the law officer of this county in criminal
matters. All agreeing that the pictures
were both obscene and indecent, and espe-
ially as some of them were those that had
been passed upon by the highest Courts in
this State and adiudicated to be obscene, it
will hardly be contended that it was a
mistake for us to mete out the same en-
forcement of law to the rich firm that had
been melted out to the poor. If there is
anything more abhorrent than another in
the administration of law, it seems to me
to be that justice which discriminates, and
allows man who has little money to do
that which the poor man is Immediately
arrested and prosecuted for doing
In reference to art, us you have in sub
stance well stated, there is a vast distine-
ton between a work of art environed as it
is with a halo of beauty made up of the
harmony of blended colors, tintings, shad-
ings ard lines of beauty, with the obiec-
tionable feature if there be any, placed in
the background and surrounded by this
beautiful covering which calls for diver
sion of the attention.. and photograph
which strips the Objectionable feature in
the work of art of all its beautiful sur
roundings, taking that out by itself and
emphasizing it, not before the art student
or the eonnoisseur, but disseminating it in
a public manner so as to bring it-within
easy reach of the youth of both sexes.
respectfully submit, Messrs. Editors,
that wild beasts in geological garden are
in their proper place, and under proper re-
straint our boys and girls may pass by
them without being exposed to danger
The medical book in the book store, re-
stricted in its sale TO the medical student
for the purpose of good that is contem-
plated by the author is In its proper and
legitimate place The classic that COM
mands very high price and is thus con-
lined to the student, or literary man. and
beyond the reach Of the Young, is in its
proper place SO a work of art, placed in
an art gallery, though it be Of an immoral
tendency, if it has any legitimate place at
all, it IS only where it is confined out
of the reach and gaze of those
who are open to the immoral
influences which such picture is likely TO
exert. And when either beasts, the medi-
cal works, the classic or works of art break
aooSe from the restraints which the law